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Why hire Shouse Law Group to sue Uber or Lyft?

Our lawyers include current and former litigators, cops, prosecutors and criminal defense lawyers. We know how to investigate and put together individual and California class action lawsuits against Uber, Lyft and other ride-sharing companies.

To help you better understand how to file a lawsuit against Uber or Lyft or another California ride-sharing company, our California personal injury lawyers discuss the following, below:

1. What are Uber and Lyft?

Uber and Lyft are companies that use a computer app to bring together passengers with drivers in their area willing to give them a lift. Commonly called “ridesharing services,” companies such as Uber and Lyft are technically referred to as “Transportation Network Companies.”

There are 14 licensed ride sharing companies in California. In addition to Uber and Lyft, the California Public Utilities Commission has issued permits to nine other general ride sharing services and three which offer ridesharing exclusively to children.

2. How are ride-sharing services different from taxi companies?

Transportation Network Companies are different from traditional taxi and limo companies in several respects:

They often have less prominent visual displays and signage,

Drivers set their own schedules,

Drivers never have to accept a specific ride or rider, and

Drivers often drive their own cars and are responsible for maintenance and fuel, and

In addition, taxis must have a commercial insurance policy which applies 24/7, regardless of whether the driver is on duty.

With ride-sharing services, the company's commercial policy only applies when there are passengers in the vehicle or the driver has logged into the app and is looking for passengers.

When the driver is on his or her own time, only the driver's individual car insurance applies. Such insurance may be as little as the minimal California 15/30/5 insurance, meaning it covers a maximum of:

$15,000 in damages for death or injury to any one person for any single accident,

$30,000 in damages to be divided among all people killed or injured in any single accident, and

$5,000 in damage to other vehicles and property.2

3. Who can I sue for an accident involving a ridesharing driver?

Liability for an accident involving an Uber, Lyft or other ride-sharing driver in California depends on three things:

Who caused the accident,

Whether the injured party was a passenger of the service at the time of the accident, and

Whether the driver was on his/her own time, looking for a passenger using a ride-sharing app, or driving a passenger referred by a TNC.

Drivers who cause accidents (and their insurers) are liable when they are on their own time, regardless of whether they drive for a TNC or otherwise.

Once a driver starts using a ride-sharing app, the ride-sharing company and its commercial insurer also assume liability. The driver's passengers, people in other cars, and pedestrians may all be able to claim damages from these companies as well as from the driver.

4. Can I sue Uber or Lyft if my driver commits a crime?

While rare, passengers have occasionally claimed to be victims of sexual assault, assault and battery or other crimes by Uber or Lyft drivers. In such cases, a passenger may be able to sue the driver for damages such as:

5. Are Uber and Lyft drivers employees or independent contractors?

Uber and Lyft claim their drivers are independent contractors. They say they connect drivers and passengers the way eBay and Craigslist connect sellers and buyers.

To date, ride-sharing services have settled claims that turn on this issue out of court in order to avoid having the issue decided by a judge.4

But, as discussed below, the California Labor Commission has ruled in wage and hour cases that ridesharing drivers are employees.5 Although not binding on the civil court system, it suggests that at least some courts may be receptive to this argument.

Our California personal injury lawyers are following developments in this area of the law closely in order to best serve our clients.

6. California wage and hour claims by Uber and Lyft drivers

Uber and Lyft take the position that their drivers are independent contractors. Independent contractors are not entitled to the benefits of California employee protections, such as working hours, overtime pay, minimum wage, unemployment insurance, and workers' compensation.6

Ride-sharing companies typically require their drivers to sign a contract acknowledging they are independent contractors. In early 2016, Lyft entered into a class action settlement in which its drivers agreed to work as independent contractors. A similar case concerning Uber drivers is still active in the California court system.

In the interim, Uber's agreement with its drivers is not the final say in the matter. The relationship is a matter of law, based primarily on whether the company has the right to control the manner and means in which the worker carries out the job.7

Our California employment law attorneys are staying abreast of this area of the law as it develops. If you drive for a ride-sharing service and believe you have been improperly treated, we invite you to contact us for a free consultation to discuss your case.

Injured by Uber or Lyft in California? Call us for help…

If you or someone you know was injured by a Lyft or Uber driver, or you are a driver with a claim against a TNC, we invite you to contact us for a free consultation.

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5The Shouse Law Group is the Best in town! Mark Russ is my brothers attorney and he has done such a great job with his case. Working with the Shouse Law Group has been such a breeze. they are all so friendly and kind and they really know their stuff. Emails, calls and text messages are returned in a timely matter. If anyone is looking for a great outcome please come to the Shouse Law Group, you will be in the best hands possible. I cannot thank them enough for all the hard work they have put into my Brothers case.Carli Acevedo